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2022 (6) TMI 520 - HC - Income TaxReopening of assessment u/s 147 - Scope of new Section 148A as inserted for conducting inquiry providing opportunity before issuance of notice under Section 148 - HELD THAT:- AO before issuing the notice under Section 148 is required to conduct an inquiry with respect to the information which suggests that income chargeable to tax has escaped assessment and thereafter provide an opportunity of being heard to the assessee by serving upon him a show-cause notice to show cause as to why the notice under Section 148 should not be issued on the basis of the information with the Assessing Officer as per clause A(a). The Assessing Officer has to consider the reply furnished by the assessee, if any, in response to the show-cause notice and thereafter decide on the basis of the material available on record including the reply of the assessee, whether or not it is a fit case to issue a notice under Section 148 by passing an order under clause (d) of Section 148A within one month from the end of the month in which the reply referred to in clause (c) is received by him or otherwise. Therefore, we are of the opinion that that the petitioner ought to have been given an opportunity of hearing and the respondent- Authority thereafter ought to have considered the material produced on record by the petitioner. We are not satisfied by the reasoning part of the impugned order, more particularly, when the details were supplied by the petitioner. Hence, we are of the opinion that the matter requires consideration and the same is allowed. The impugned order dated 31.03.2022 is hereby quashed and set aside. The matter is remitted back to the respondent- Authority. The respondent-Authority shall proceed further with the case under the provisions of Sub-sections (b) and (c) of Section 148A of the Act and shall afford an opportunity of hearing to the petitioner and thereafter pass a detailed order in accordance with law under Section 148A(d) of the Act.
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